Appellate Division: Second Judicial Department

M310425

ID/

FRANCESCA E. CONNOLLY, J.P.

LOURDES M. VENTURA

PHILLIP HOM

SUSAN QUIRK, JJ.

2024-00493, 2024-10120 NYCC-NYS Community Restoration Fund, LLC, respondent, v Spring Valley NY Realty LLC, appellant, et al., defendants. (Appeal No. 1) NJCC-NYS Community Restoration Fund LLC, plaintiff, v Spring Valley NY Realty LLC, appellant, et al., defendants; N.Y.R.F.P. LLC, nonparty-respondent. (Appeal No. 2) (Index No. 33385/2019)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Rockland County, dated October 11, 2023, and order and judgment (one paper) of the same court dated August 23, 2024. Motion by the respondents to dismiss the appeal from the order on the ground that the right of direct appeal from the order terminated upon the entry in the above-entitled action of the order and judgment (see Matter of Aho, 39 NY2d 241), or, in the alternative, to extend the time to serve and file a brief. Motion by the appellant to consolidate the appeals and for leave to file a supplemental record and brief. Motion by the appellant to extend the time to perfect the appeal from the order and judgment.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion by the respondents which is to dismiss the appeal from the order is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the motions by the appellant are granted, the appeals are consolidated, the record and brief filed in connection with the appeal from the order are deemed also to be filed in connection with the appeal from the order and judgment, on or before February 2, 2026, the appellant shall serve and file, via NYSCEF, a replacement record and brief which contain Appellate Division Docket Nos. 2024-10120 in addition to Appellate Division Docket No. 2024-00493, and on or before February 2, 2026, the appellant shall serve and file, via NYSCEF, a supplemental brief containing any points of argument in connection with the appeal from the order and judgment, and a supplemental record which contains any papers constituting the record on appeal from the order and judgment that are not already contained in the record filed in connection with the appeal from the order; and it is further,

ORDERED that the branch of the motion by the respondents which is to extend the time to serve and file a brief is granted, and on or before March 3, 2026, the respondents shall serve and file the respondents' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.

CONNOLLY, J.P., VENTURA, HOM and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court